Allahabad High Court
Aarti Devi vs State Of U.P. on 16 May, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88535
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32101 of 2023
Applicant :- Aarti Devi
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Samiuzzaman Khan,Tanveer Zafar Khan
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard S/Sri Mohd. Samiuzzaman Khan and Tanveer Zafar Khan, learned counsel for applicant and Sri Mithilesh Kumar, learned A.G.A. for State.
2. Applicant has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. in Case Crime No. 97 of 2023 under Section 302 I.P.C., Police Station- Ahirauli Bazar, District - Kushinagar.
3. Applicant before this Court is mother of deceased (a child aged about 3 years). According to post-mortem report, deceased has received 8 stab injuries. Applicant has self inflected two lacerated wounds, one on neck and other on left wrist. There is an eye-witness account who witnessed that applicant has taken deceased to her room and on hearing noise when witnesses reached up to room, they find deceased lying in a pool of blood and applicant has inflected injuries to herself also.
4. During investigation, on pointing out of applicant, knife used in crime was recovered. During trial statement of P.W. -1 has been recorded though counsel for applicant has tried to show some contradiction but at this stage, the Court is not venturing into deep of such submission as according to learned A.G.A. for State, statement of P.W.-1 is consistent and against the applicant.
5. Learned counsel for applicant submits that present application is sworn by husband of applicant i.e. father of deceased and mental condition of applicant is not well and in this regard an application was moved before Trial Court for her medical examination but it appears that it was not taken note of, even such argument was not considered by Trial Court while rejecting the bail application of applicant.
6. Learned counsel for applicant further submits that this Court may pass direction that mental health of applicant may be examined. Learned counsel for applicant submits that applicant is behind the bars since 08.03.2023 and in case, she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
7. Learned A.G.A. for State submits that in case, it is brought into notice of jail authorities appropriate treatment will be provided to applicant.
8. I have considered the above mentioned rival submissions in referred factual and legal background and in view of established principle of jurisprudence of bail i.e 'bail is rule and jail is exception' as well as relevant factors for consideration of a bail application such as (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behaviour, means, position and standing of the accused;(vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; (viii) danger of course, of justice being thwarted by grant of bail etc. and that an order to grant or not to grant bail must assigned reasons (see Deepak Yadav vs State of U.P. (2022) 8 SCC 559, Manoj Kumar Khokar vs State of Rajasthan and Anr (2022) 3 SCC 501, The State of Jharkhand vs Dhananjay Gupta @ Dhananjay Prasad Gupta: Order dated 7.11.2023 in SLP(Crl) No.10810/2023 and Shiv Kumar Vs The State of U.P. and Ors : Order dated 12.9.2023 in Criminal Appeal No.2782 of 2023), Ramayan Singh Vs. The State of Uttar Pradesh and another, 2024 SCC OnLine SC 563, therefore, I am of considered opinion that it is not a fit case to grant bail to applicant mainly on following grounds:-
(a) It is a case of brutal murder by the applicant, who is a lady and a mother has caused death of her three years old son by causing multiple incised wound;
(b) Applicant has self inflected two injuries but it would not be considered at this stage that her mental health was not fit when occurrence took place;
(c) The contradiction if any, in statement of P.W.-1 would be subject matter of trial and at this stage, the Court takes note of submission of learned A.G.A. for State that statement of a witness has to be read in whole and not in isolated manner. In this regard, the Court takes note of paragraph 27 of a judgment passed by Supreme Court in Shahaja @ Shahajan Ismail Mohd. Shaikh Vs. State of Maharashtra, 2022 SCC OnLine SC 883.
9. Accordingly, bail application is rejected.
10. The Court takes note of submission in regard to mental health of applicant, therefore, it is directed that the Jail Authority will provide consultation to applicant from a Government Hospital under due process and a report thereof will also be provided to her Pairokar. Applicant will have a liberty to approach this Court along with medical health report in case, trial has not substantially proceeded within 8 months.
11. Registrar (Compliance) to take steps.
Order Date :- 16.5.2024
P. Pandey
